My company in Faridabad changed service conditions without certifying the standing orders, is this valid?

Detailed Legal Analysis

The change of service conditions by your company in Faridabad without certifying the standing orders is not valid under Indian labour law, specifically under the Industrial Employment (Standing Orders) Act, 1946.

Here are the key points regarding the standing orders and the implications of changing service conditions:

• Definition of Standing Orders: Standing orders are rules that govern the conditions of employment in an industrial establishment, and they must be certified by the appropriate authority under the Industrial Employment (Standing Orders) Act, 1946.
• Applicability: The Act applies to every industrial establishment wherein one hundred or more workers are employed or were employed on any day of the preceding twelve months.
• Certification Requirement: Section 5 of the Act mandates that any standing orders that are to be implemented must be certified by the Certifying Officer. Without certification, any changes made to the service conditions are not legally enforceable.
• Procedure for Certification: The employer must submit the draft standing orders to the Certifying Officer, who then examines them and can either approve them or suggest modifications. This process must be adhered to before any changes in service conditions are implemented.
• Consequences of Non-Compliance: If an employer changes service conditions without certified standing orders, employees can challenge such changes. They may approach the Labour Court or the appropriate authority to seek redressal for any grievances arising from such unauthorized changes.
• Right of Employees: Employees have the right to be informed about any changes in their service conditions and to have those changes certified as per the Act. They may also lodge complaints with the Labour Commissioner if their rights are violated.

Furthermore, if the changes adversely affect the employees, they can invoke other legal provisions under the Industrial Disputes Act, 1947, which protects their rights and provides for dispute resolution mechanisms.

In summary, any changes made to the service conditions without the necessary certification of standing orders are invalid and can lead to legal challenges by affected employees. It is crucial for employers to comply with the provisions of the Industrial Employment (Standing Orders) Act, 1946, to ensure that their changes are legally sound.